Special Rules for Criminal Records
The NYCHRL includes specific protections for individuals with criminal records:
- Employers cannot refuse to hire someone solely because of a criminal record or conviction, unless that conviction is directly related to job duties or presents an unreasonable risk to people or property
- Employers can ask about existing criminal convictions, but cannot inquire about arrests resolved in the applicant's favor, dismissed cases, declined prosecutions, or Youthful Offender adjudications
Reasonable Accommodations
The New York City Human Rights Law requires employers to provide reasonable accommodations unless doing so would create an undue hardship. Unlike federal law, NYC law defines undue hardship as requiring "significant expense or difficulty," a much higher standard than the federal "more than minimal cost" standard.
Reasonable accommodations must be provided for:
- Disabilities or impairments (physical, medical, mental, or psychological)
- Pregnancy, childbirth, post-partum recovery, and related medical conditions
- Religious observances and practices
- Victims of domestic violence, sexual violence, or stalking
Do Federal Discrimination Laws Still Apply?
Federal employment discrimination laws may also apply to your situation, but usually they only apply to employees of companies or organizations that are mid-sized or large.
In most situations, the remedies provided under New York City law are the most favorable to employees, but there may be circumstances in which federal law provides a better remedy.
You should consult an attorney about the specifics of your situation.
The New York State Human Rights Law (NYSHRL)
New York State's Human Rights Law provides additional protections that often exceed federal standards and apply to employers with four or more employees statewide.
Protected Classes
The NYSHRL prohibits discrimination based on:
- Age (40 and older)
- Creed or religion
- Color
- National origin
- Sexual orientation
- Gender identity or expression
- Military status
- Sex
- Marital status
- Disability
- Pregnancy
- Predisposing genetic characteristics
- Prior arrest or conviction record
- Domestic violence victim status
Key Features of State Law
- Broader Disability Definition: New York State law has a more inclusive definition of disability than federal law, covering conditions that may not qualify under the Americans with Disabilities Act.
- Criminal Conviction Protections: State law prohibits discrimination based on criminal convictions unless hiring would present a property or safety risk or the conviction directly affects job performance ability.
- Age Discrimination: Protects workers 40 and older at companies with fewer than 20 employees, going beyond federal ADEA coverage.
Federal Employment Discrimination Laws
While New York's state and local laws often provide superior protections, federal laws establish baseline protections that apply nationwide.
Title VII of the Civil Rights Act of 1964
- Coverage: Employers with 15 or more employees
- Protected Classes: Race, color, religion, sex, national origin
- Key Provisions: Prohibits discrimination in hiring, firing, promotion, compensation, and other employment terms
Americans with Disabilities Act (ADA)
- Coverage: Employers with 15 or more employees
- Protected Class: Individuals with disabilities
- Requirements: Prohibits discrimination and requires reasonable accommodations for qualified individuals with disabilities
Age Discrimination in Employment Act (ADEA)
- Coverage: Employers with 20 or more employees
- Protected Class: Individuals 40 years and older
- Scope: Prohibits age-based discrimination in employment decisions
Equal Pay Act
- Coverage: Most employers, regardless of size
- Protection: Requires equal pay for equal work regardless of sex
- Scope: Prohibits wage discrimination based on sex for substantially similar work
Specific Types of Prohibited Discrimination
Age Discrimination
The Age Discrimination in Employment Act of 1967 (ADEA) is the federal law that prohibits employers from discriminating against employees who are at least 40 years old because of their age. It applies to employers with at least 20 employees. New York State and local laws also prohibit age discrimination in workplaces and apply to employers with fewer than 20 employees.
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Criminal Convictions
There is no federal law that prohibits employers from discriminating against a job applicant or employee on the basis of a criminal conviction. However, New York State law prohibits discrimination on the basis of a criminal conviction, unless hiring an applicant would present a property or safety risk or the criminal conviction directly affects the worker's ability to perform the sought-after job.
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Disability Discrimination
It is illegal under federal, state, and local laws to make employment decisions on the basis of a job applicant's or employee's disability. Additionally, employers are required to provide reasonable accommodations for applicants or employees with disabilities, unless doing so would present an undue hardship.
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Gender/Sex Discrimination
An employer may not discriminate against a job applicant or employee due to gender or sex under Title VII of the Civil Rights Act, the New York State Human Rights Law, or the New York City Human Rights Law.
Employers are not allowed to make employment decisions related to hiring, firing, layoffs, promotions, compensation, training, work conditions, job benefits, or any other aspect of employment because of an employee's gender or sex. Sexual harassment is one form of prohibited sex discrimination.
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National Origin Discrimination
Employers may not discriminate against job applicants or employees based on their national origin under federal, state, or local laws. Sometimes, an employer does not explicitly refer to the employee's country of origin. Instead, this type of discrimination may center on a perceived ethnic background, accent, or ancestry.
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Race Discrimination
Employers cannot discriminate on the basis of race under federal or state laws. In some cases, there is no explicit reference to race in a discriminatory job advertisement or decision. Sometimes, an attorney can help you bring a race discrimination lawsuit based on disparate treatment, which means that an employer's action disparately affects individuals of a particular race.
Additionally, racist comments and racial slurs in the workplace are illegal.
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Religious Discrimination
Federal, state, and local laws prohibit religious discrimination. Any sincerely held religious, ethical, or personal belief is protected. Employers are also supposed to provide reasonable accommodations for employees' religious practices and beliefs, except when it causes an undue hardship.
For example, if you need to alter your schedule because you observe fasting during Ramadan, this may require your employer to provide a reasonable accommodation. Comments regarding a person’s religious beliefs are also illegal in the workplace and can lead to a hostile work environment.
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Sexual Orientation Discrimination
Federal laws do not expressly prohibit sexual orientation discrimination. The New York State Human Rights Law and the New York City Human Rights Law prohibit sexual orientation discrimination against employees and job applicants. Prohibited sexual orientation discrimination can include harassment.
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Discrimination During the Interview or Hiring Process
Many people assume that they are only protected by anti-discrimination laws once they are hired. You are also protected as a job applicant during the interview or hiring process.
It can be difficult to know for sure whether the reason why you were denied a job was because of a protected characteristic. However, the questions that you are asked may reveal a prospective employer's bias.
If a prospective employer is asking questions regarding your pregnancy, you may want to speak with an attorney to understand your rights. It’s also illegal to make sexual advances during an interview or anytime during an employment application process.
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Discrimination Against the Unemployed
The New York City Human Rights Law prohibits discrimination against the unemployed, unless an employer has a substantially job-related reason for the action. Employers are allowed to ask about why you left your prior job, and employers are also allowed to decide that applicants whom they employ will be hired in a role or given priority.
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Phillips & Associates Can Help You Understand Your Options
If you believe you've experienced discrimination under any of these laws, it's important to understand that New York's multi-layered approach often provides multiple avenues for legal action. In many cases, state and local laws offer more expansive protections and remedies than federal laws.
The interplay between these different laws means that even if one law doesn't cover your situation, another might. Our attorneys know the law. We can determine an approach that is likely to succeed, so don't wait to contact our team today for a free consultation.
Contact us today at (866) 229-9441 or through our online form.
